Appendix A-3. UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE

STATE OF LOUISIANA

:

DOCKET NO. __________, DIVISION/SECTION __________

:

___________ JUDICIAL DISTRICT COURT

VERSUS

:

PARISH OF ____________________________

_________________________

:

STATE OF LOUISIANA

UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE

For the Time Limitations for filing this motion, please see La. C.Cr.P. Art. 882(A), which states that an illegal

sentence may be corrected at any time. A motion to correct an illegal sentence must point to an illegal term in

your sentence; otherwise it will be construed as an application for postconviction relief subject to the time limits

established in La. C.Cr.P. Art. 930.8 and the exclusive grounds for relief described in La. C.Cr.P. Art. 930.3.

GENERAL INSTRUCTIONS – READ CAREFULLY

Please carefully review and follow all of the following instructions:

1. Use this form for the filing of all motions to correct an illegal sentence. Make sure to indicate in the

designated box whether this is the first or a subsequent motion to correct an illegal sentence.

2. A false statement of a material fact may serve as the basis for a criminal prosecution. All questions must be

answered concisely in the proper space on the form. You may attach additional pages stating the facts that

support your claim for relief. No lengthy citations of authorities or legal arguments are necessary.

3. When the motion is completed, the original motion must be filed in the District Court for the parish in which

the mover was convicted and sentenced.

4. A copy of any filing sent by the mover to the Court must also be sent by the mover to the prosecutor.

CLAIMS FOR CORRECTION OF AN ILLEGAL SENTENCE

INSTRUCTIONS – READ CAREFULLY

You must point to a claimed "illegal term" in your sentence in order to receive relief. The currently recognize

grounds for relief are listed below. Please check the applicable box or boxes.

□ The sentence is not authorized by the law or laws which govern the penalty.

□ The sentence is indeterminate

to the prosecutor.

CLAIMS FOR CORRECTION OF AN ILLEGAL SENTENCE

INSTRUCTIONS – READ CAREFULLY

You must point to a claimed "illegal term" in your sentence in order to receive relief. The currently recognize

grounds for relief are listed below. Please check the applicable box or boxes.

□ The sentence is not authorized by the law or laws which govern the penalty.

□ The sentence is indeterminate.

□ A decision of substantive constitutional law prohibits the punishment for a type of crime or a class o

offenders.

□ The sentence was imposed without counsel present and the presence of counsel was not waived.

□ The punishment ultimately imposed constitutes an ex post facto violation or a judicial decision violate

the due process right of notice and fair warning.

WHEN NOT TO USE THIS FORM

1. A claim that a sentence is excessive, that is a sentence which falls within the sentencing limits but nonetheless

violates the Louisiana Constitution, does not qualify as an illegal sentence for the purposes of obtaining relief

under La. C.Cr.P. Art. 882. Please be sure to determine whether your sentence would qualify for relief for a

different reason. See, e.g., State ex rel. Morgan v. State, 217 So. 3d 266 (La. 2016). If so, see instructions

below.

2. If you are trying to file an application for postconviction relief pursuant to La. C.Cr.P. Arts. 924–930.9, you

must use either the First Uniform Application for Postconviction Relief or the Second or Subsequent Uniform

Application for Postconviction Relief.

3. If your complaint involves the computation of time you are serving or have served, you must first file for

administrative relief with the Department of Corrections, then request review of any unfavorable decision in

the 19th Judicial District Court in East Baton Rouge Parish. However, a request for credit for time served

may be filed in the district court where you were convicted and sentenced.

f your complaint involves the computation of time you are serving or have served, you must first file for

administrative relief with the Department of Corrections, then request review of any unfavorable decision in

the 19th Judicial District Court in East Baton Rouge Parish. However, a request for credit for time served

may be filed in the district court where you were convicted and sentenced.

REQUIRED ATTACHMENT

A copy of the Louisiana Uniform Commitment Order of conviction and sentence must be attached to the

motion (if it is available), or the motion must allege that is unavailable.

Date of this Motion:

____ / _____ / 20____

Name of Mover:

DOC Number:

Place of

Confinement:

District Court Case Number:

Parish of Conviction:

Name of Trial Judge:

Offense(s) for which you were

convicted:

Do any of the convictions involve a sex offense, a human trafficking-related offense, or an offense

where the victim was a minor under the age of eighteen years (see La. R.S. 46:1842(1.1) and

46:1844(W))? [Check One]

Yes □

No □

Date of Conviction:

____ / _____ / ______

Conviction by:

[Check One]

Guilty Plea □ Trial by Jury □

Trial by Judge □

Date of Sentencing:

____ / _____ / ______

Sentence:

Name of Attorney who represented you at the time

of conviction, trial, or sentencing:

Multiple Offender Proceeding: [Check One]

Yes □ No □

Stipulated (pled guilty) to multiple bill: [Check if Applicable] Yes □ No □

Adjudicated after hearing: [Check if Applicable]

Yes □ No □

What grade of Multiple Offender: [Check if Applicable]

2nd □ 3rd □ 4th □

Sentence on Multiple Offender Bill: [If Applicable]

Provide a brief summary of the reasons why you are entitled to relief in the following space.

Name of Counsel who represented you on

appeal:

Appeal of conviction and

sentence: [Check One]

Yes □ No □

Appellate Case #:

Appeal of Multiple Bill:

[Check One]

Yes □ No □

Appellate Case #:

Writ to Louisiana Supreme

Court: [Check One]

Yes □ No □

Supreme Court

Case #:

: [If Applicable]

Provide a brief summary of the reasons why you are entitled to relief in the following space.

Name of Counsel who represented you on

appeal:

Appeal of conviction and

sentence: [Check One]

Yes □ No □

Appellate Case #:

Appeal of Multiple Bill:

[Check One]

Yes □ No □

Appellate Case #:

Writ to Louisiana Supreme

Court: [Check One]

Yes □ No □

Supreme Court

Case #:

Action by Supreme Court:

[Check if Applicable]

Granted □ Denied □

Date of Action:

____ / _____ / ______

Rehearing to Supreme Court:

[Check if Applicable]

Granted □ Denied □

Date of Action:

____ / _____ / ______

PRIOR MOTIONS TO CORRECT AN ILLEGAL SENTENCE

INSTRUCTIONS – READ CAREFULLY

Please provide a list below of all prior motions to correct an illegal sentence filed by you or on your behalf in

connection with the sentence at issue in this motion. If you are currently raising any issue that you have presented

before, please also list that motion, no matter how the motion was titled. If you have filed more than one motion

to correct an illegal sentence, provide the information for each additional motion on a separate sheet of paper.

District Court Case Number:

Parish of Conviction:

Date of Filing: ___ / ____ / _____

Illegal Term

Alleged:

Was relief granted or denied? [Check

One]

Yes □ No □

Date of Disposition:

___ / ____ / _____

Did you receive a hearing? [Check

One]

Yes □ No □

Did you file a writ to the

Court of Appeal?

[Check One]

Yes □ No □

Which Circuit?[Check One]

1□ 2□ 3□ 4□ 5□

Appellate Case #:

Sought writ to Louisiana Supreme

Court? [Check One]

Granted □ Denied □

Not Sought □

Supreme Court Case #:

Date of Ruling

___ / ____ / _____

You may use a separate sheet of paper to provide any additional necessary information as it relates to your

motion to correct an illegal sentence.

Wherefore, Mover prays that the Court grant Mover relief to which he/she may be entitled.

____ / _____ / 20____

[Day / Month/ Year]

Court? [Check One]

Granted □ Denied □

Not Sought □

Supreme Court Case #:

Date of Ruling

___ / ____ / _____

You may use a separate sheet of paper to provide any additional necessary information as it relates to your

motion to correct an illegal sentence.

Wherefore, Mover prays that the Court grant Mover relief to which he/she may be entitled.

____ / _____ / 20____

[Day / Month/ Year]

______________________________________

[Signature of Mover]

STATE OF LOUISIANA

:

DOCKET NO. __________, DIVISION/SECTION __________

: ___________ JUDICIAL DISTRICT COURT

VERSUS

: PARISH OF ____________________________

_________________________

:

STATE OF LOUISIANA

ORDER

[For Use by the Court]

Considering the foregoing motion to correct an illegal sentence, this Honorable Court hereby:

□ DENIES this motion.

□ ORDERS that the State file a response to this motion on or before the _____day of ____________, 20_____.

□ ORDERS that the motion be set for a contradictory hearing on the _____day of ____________, 20_____ at

________ A.M./P.M.

The Court may choose to provide any additional reasons for its decision in the space below or in a separate document.

Signed in ___________________, Louisiana, this _____day of ____________, 20_____.

_________________________________________

JUDGE

CLERK: PLEASE SERVE ALL PARTIES